Opinion
Argued November 21, 2000.
December 19, 2000.
Appeal by the defendant from a judgment of the County Court, Westchester County (Angiolillo, J.), rendered December 9, 1998, convicting him of murder in the second degree (two counts), attempted robbery in the first degree (two counts), and burglary in the first degree (two counts), upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress statements he made to law enforcement authorities.
Stephen J. Pittari, White Plains, N.Y. (David B. Weisfuse of counsel), for appellant.
Jeanine Pirro, District Attorney, White Plains, N.Y. (Robert K. Sauer and Richard E. Weill of counsel), for respondent.
Before: DAVID S. RITTER, J.P., SONDRA MILLER, GLORIA GOLDSTEIN, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant was not arrested in violation of Payton v. New York ( 445 U.S. 573) (see, People v. Rosario, 186 A.D.2d 598; People v. Ross, 158 A.D.2d 560; People v. Roe, 136 A.D.2d 140, affd 73 N.Y.2d 1004). Accordingly, the hearing court properly denied suppression of the defendant's statements on that ground (see, People v. Rosario, supra; People v. Ross, supra).
The defendant's remaining contentions are without merit.